Saving Nursing Home Residents from Sexual and Other Abuses

Posted by on Aug 9, 2014 in Nursing Home Malpractice | 1 comment

There are about 3.3 million elders, accident victims needing rehabilitation and therapy, and mentally disabled young adults residing in 16,000 nursing home facilities all across the United States. Every day, these residents require the care and assistance of registered/licensed nurses, nurse aides and staff in performing even the most basic daily routine of bathing, eating and others.

Thousands of nursing homes, however, do not have enough personnel to guarantee quality performance on all the tasks required by the residents. Thus, instead of genuine care and physical/emotional comfort from their supposed-to-be caretakers many, rather, suffer physical, emotional, sexual (and even financial) abuses from over-worked and stressed-out aides and staff.

Among the types of abuses, sexual is considered to be the most wicked; however, due to shame, threats and difficulty on the part of the abused in explaining his/her unpleasant experience (for fear of being suspected of simply suffering from dementia), this abuse becomes the least reported and it is not easy to detect either.

Fondling, forced nudity, display of pornographic materials, forcing another resident to touch or kiss the victim and forced penetrative acts often accompany this type of abuse. Some probable ways of detecting sexual abuse is by observing the patient for any sudden change in his/her attitude or behavior, over-sensitivity to touch, fear and unexplained scars.

Often, the defense mechanism of sexual victims, to make it appear, as well as convince themselves, that nothing is really happening is by warding-off any thoughts about the abuse and casting an appearance of calmness and composure.

Nursing home abuse is now considered a crime and many states would even charge abusers with felony if proven guilty of the crime. This move is to help minimize the number of abuses committed against nursing home residents each year.

There are also moves to help families find a really good nursing home for their elderly loved ones. In fact a list of the Best Nursing Homes is available in federal Centers for Medicare & Medicaid Services. The government has already identified at least 3,000 good nursing home facilities all across the US. The determining factors considered by the government in identifying whether one home is good or not are quality care, number of staffing (licensed nurses and nurse aides) and health inspections. Detailed information on the best nursing homes and the states where they can be found can be seen in this website.

If you believe your loved one is a victim of nursing home abuse, the best move is to act immediately. Contact a nursing home abuse lawyer to discuss your situation. An experienced attorney will be able to help you through this difficult and confusing time, making sure that you are getting the best representation.

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How to Avoid a Single Vehicle Motorcycle Accident

Posted by on Jun 7, 2013 in Motorcycle Accident | 1 comment

A single vehicle motorcycle accident does not happen as often as a two-vehicle collision but it still happens once for every four motorcycle accidents. The usual reason is collision with a stationary object or taking a turn too fast, but more than two-thirds of it is due to driver error.

It is easy to avoid a single vehicle motorcycle accident because there is only one party involved! You just need to follow a few simple rules and you should be okay on the day, every day.

1. Don’t speed. Motorcycles are inherently unstable and incredibly maneuverable, so an experienced driver would find it very tempting to go out full throttle at every available chance. The problem with speeding is that it shortens your reaction time to a split second. If something unexpected comes up, such as a deer or other animal on the road, chances are you will not be able to stop or swerve in time, and you will end up wiping out.

2. Watch that turn. In most cases, you are probably all right when it comes to turns and twists on the road, but these are the points where you are most likely to make a mistake by going too fast, leaning too much to one side or failing to recover your balance on time. Pay attention at these points most especially.

3. Avoid drinking alcohol.

4. Keep a safe distance from other vehicles. It’s pretty easy to tip a motorcycle over or make it wobble when a large vehicle like a truck zooms by. As much as possible, avoid lanes where vehicles pass on both sides. Choose the leftmost lane if there’s a shoulder; that’s the safest lane. Don’t stay on the rightmost; that’s where most vehicles exit to and merge with traffic. A wipeout on the highway will not end well for you.

5. Keep your motorcycle well maintained. If your machine works well, you can rely on it stopping when you need it to, executing turns precisely, and keeping you on the road rather than smeared on it.

6. Be visible. A single vehicle motorcycle accident all frequently occurs because other vehicles don’t see you and violates your travel space or otherwise forces you to wipe out or to swerve dangerously. Wear a bright-colored jacket, and favor chrome facings on your ride.

7. Wear safety gear. In case the worse happens and you wipe-out or hit a hedge, you should be wearing a helmet, heavy boots, gloves and denim or leather pants. Ninety-six percent of all single vehicle motorcycle accidents end up in some type of injury. If you do have a single vehicle motorcycle accident, it should at least not be a fatal one.

 

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Storming Through Residential Property Claims

Posted by on Jun 5, 2013 in Insurance | 1 comment

Smith Kendall PLLCIt is undeniable that the frequency of natural and other disasters have been on the rise, and homeowners are relying on their insurers to help them through the wet patches when the time comes. Unfortunately, not all insurers welcome residential property claims with open arms even when it is clearly provided for in the policy. Many homeowners find it baffling when they first make residential property claims that the insurance company they’ve been forking money out to promptly year after year without fuss would not extend the same courtesy.

What most homeowners don’t realize is that the primary goal of any insurance company is not to protect its clients, despite what their commercials might say. Their main concern is to make money, so it is not in their bst interest to pay out a claim.

Insurance companies even have an acronym for what they routinely do: 3Ds. This stands for Delay, Deny, Defend. Don’t be surprised if your insurance company gives you the run-around; that’s what they’re trained to do. If they deny your residential property claims altogether, it won’t be at once, and it won’t be in clear language. There will be a lot of hemming and hawing and shuffling about before they finally tell you they are not paying for your damages. They do this because they’re hoping you will just get frustrated and go away. When you do get mad about not getting what you know you are entitled to, they stick to their guns and their lawyers.

Well, two can play at that game. If you think that your insurance company is putting the 3Ds on you, come right back at them with a residential property claims lawyer in Dallas who knows where to hit them where it hurts most: their pockets. Don’t give up and go away. An experienced attorney will be able to make your case before the civil court and get you the money for the repairs you need to do, and with a little extra for the inconvenience and costs of litigation.

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Juvederm Smoothens the Way

Posted by on Jun 4, 2013 in Beautiful, Cosmetic Surgery | 0 comments

Dermal fillers do exactly what they sound like: they fill the skin. Juvederm is one type of dermal filler which is used by dermatologists and plastic surgeons to manage the wrinkles and folds that come with aging and sun exposure. It is an injectable product mostly composed of hyaluronic acid, a naturally occurring substance in the skin and tendons of mammals so it is all natural. Juvederm is mostly used to soften smile lines around the nose and mouth, as well as fill in scars.  It can also be used to plump up the lips in lip augmentation procedures.

Juvederm was approved by the Food and Drug Administration (FDA) in the middle of 2006. It is gel-like in consistency and comes in a variety of thickness. Since it is an all-natural product, Juvederm is eventually absorbed by the body so whatever improvements it had done will disappear after 6 months to one year. Repeated injections will be required to achieve the desired results again.

The use of hyaluronic acid as a skin filler was first discovered by Columbia University scientists John Palmer and Karl Meyer in 1934. The first sources of hyaluronic acid came from cow eyes. Aside from dermal fillers, hyaluronic acid is also used in baking, as treatment for wounds, eye surgery and joint pain.

Juvederm compared favorably with a bovine-based injectable facial filler when it was being tested by the FDA. It was found to be more efficacious in correcting facial folds in patients, as well as safe to use, perhaps because it is cross-linked, in which the hyaluronic acid is chemically bonded to form a gel, making its filling and hydration effects last longer. In its natural form, hyaluronic acid will be absorbed by the body in about 30 minutes.

Juvederm is currently one of the dermal fillers of choice because of its cross-linked properties and efficacy. It is used in primarily in the US.

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Truck Accidents due to Overfatigue

Posted by on May 31, 2013 in Automobiles | 1 comment

Even under the best of circumstances, the trucking industry has a tendency to overextend its resources to boost profits. In an economic crisis, truck drivers and their employers alike turn to increasing mileage in the shortest possible time in order to keep afloat. This can lead to a higher risk of truck accidents because of speeding and driver fatigue. Big rigs, or 18-wheelers, in particular are a menace to other motorists when drivers engage in risky behavior because of the sheer size and weight of the vehicles. Overfatigue has been identified as the leading cause of truck accidents on Wisconsin highways.

Because of the nature of the industry, the tendency is to sacrifice safety for productivity. Federal and state lawmakers attempted to curb this tendency, at least in terms of driver fatigue, by implementing regulations on the number of hours a commercial vehicle (CV) driver can legally put in, and how much rest is required.

However, both drivers and their employers routinely circumvent these regulations by falsifying log records on their rest and work hours. Inevitably, this will lead to catastrophic accidents that may well expose drivers and trucking companies to criminal charges as well as personal injury or wrongful death lawsuits.

But proving that there was negligence involved that led to driver over-fatigue is not at all easy unless an immediate investigation is carried out at the scene of an accident. This will ensure that evidence is preserved and that the circumstances of the incident are properly documented. Personal injury lawyers are especially adept at ensuring that the interests of victims of trucking accidents are protected. Contact a truck accident lawyer immediately if you or someone you know is ever involved in a truck accident where the driver was negligent. You need legal representation in your area in Wisconsin to ensure that you have a good case against those who caused you serious pain and suffering.

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When Air Bags Go Wrong: Auto Defect Injuries

Posted by on May 29, 2013 in Automobiles | 1 comment

Cars today are chock full of improvements that Henry Ford probably never even imagined back in the day. Chief among these improvements are safety features such as airbags. And yet airbags are frequently the cause of product recalls because they have been found to be defective. A defective airbag can cause serious injury when it goes off prematurely, fails to deploy, or deploys with excessive force. This is ironic considering that it was designed to prevent injury, not cause them, leading to a personal injury or wrongful death claim.

This type of auto defect is a serious problem for both manufacturers (because of potential civil litigation) and motorists, and there is no real way to detect them until an accident happens. By then, it is usually too late.

The airbag is a cushion or envelop made of a synthetic fabric that is rapidly inflated using sodium azide, a compound that expands into nitrogen gas when it is ignited. The airbag unit is attached to an electrical circuit which is triggered by a sensor when conditions for its activation are met. The time it takes to activate and inflate an airbag is about 1/20th of a second.

In the US, the airbag sensors are configured to activate when a vehicle decelerates at a rate of 23 km/h or more. The sensor is also generally set to activate when a vehicle is on fire and reaches a temperature between 150 and 200 degrees centigrade to prevent the airbag unit from exploding.

Airbags are to be found in most vehicles today, and some cars have as many as four units in various areas. While its effectiveness as a safety feature is high, when an airbag is defective, it can have dire consequences, especially for young children. It seems prophetic that seven fatalities in the first vehicles in the US that were equipped with airbags were attributed to its presence. If you were injured due to a defective airbag, consult an auto defect lawyer to redress your personal injury. Recovering some damages would cushion the effects of serious injuries.

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Protecting Against Insurance Bad Faith

Posted by on May 22, 2013 in Insurance | 2 comments

Smith Kendall PLLCCustomers pay insurance companies not just for the sense of security that carrying insurance provides, but also in the knowledge that in the event of a serious accident or other form of damage, they will be able to recover the costs that are incurred, preventing financial disaster. As a result, insurance customers have a right to expect that they will be treated fairly and with respect if it ever becomes necessary to file an insurance claim.

Unfortunately, the reality is that many insurance companies do not always operate in this way towards their clients. Depending on the nature of the specific form of insurance involved, many insurance customers eventually find that, when an accident or injury is involved, they may be denied the full amount of compensation they are owed, or their insurance company may engage in various other tactics that in some way disadvantage them during this difficult time.

Known as insurance bad faith, this practice is legally prohibited in the United States’ legal system. While instances of insurance bad faith in other countries may also be subject to legal action, those cases are limited to recovering whatever losses that the injured party may have incurred as a result of the insurance company’s actions. However, under U.S. law, instances of insurance bad faith may be subject to tort actions, rather than simply contract dispute judgments. This means that instances of insurance bad faith may actually allow the victims to recover more than the actual losses which they suffered, with the assistance of a skilled Dallas insurance lawyer.

However, it’s far better to protect against insurance bad faith than to litigate the issue after the fact. Many families who are struggling to recover from a serious injury, damage to property, or any other issue which may require filing an insurance claim do not have the time or resources necessary to pursue a costly court case against unscrupulous insurers, which can often go on over years or even decades.

The best way to protect against insurance bad faith before the fact is simply through scrupulous claims management. Insurers have an economic interest in denying claims for any possible reason, so when an individual files a claim for benefits from their insurer, it is essential that they make sure that every possible detail of that claim is correct to the best of their knowledge. Moreover, it is important to do as much research as possible into the correct management of a claim, in order to know what information will be necessary and how best to document it. For these issues, it may be helpful to consult with a claims management specialist, who can better inform you about what things your claim may require.

It’s also important to file your claim in a timely manner. Failure to file as soon as reasonably possible after an accident or injury occurs can cause insurance companies to view your claim with greater scrutiny and, potentially, may result in a higher likelihood of mismanagement on their part.

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About Workers’ Comp

Posted by on May 17, 2013 in Workers Compensation | 4 comments

Accidents do happen, no matter how careful a person can be. And when they do, almost every employee worry about how they can cover for the cost of medications and loss of salary due to rehabilitation after the accident. Don’t worry, because the law states that each employee are covered by the workers compensation.

What is Workers Compensation?

Workers compensation, also called workers comp, is a type of insurance system set up by the state to protect the employees in cases of workplace injuries. It is required by law that employees are to participate in workers compensation, and when they do, the employees forfeit their option to sue their employee for workplace injuries.

Once a company has failed to carry the workers comp benefits, or otherwise follow a regulation of the state regarding these benefits, the company can be vulnerable to paying these compensations from their own pockets, or they can be subject to penalties imposed by the state.

What Are Important Things You Need to Know?

It is vital to file a claim for workers compensation immediately after you have been injured, regardless of whether it is a temporary or permanent injury. It is typically 30 days after the injury or illness began that the claim can be viewed as valid.

If you have questions about your compensation or benefits, or just any inquiries that you would like to clear up, you can contact the Workers’ Compensation Board of your state, or the Department of Labor or the Social Security Administration. They can also help you in filing a claim.

Try asking what your company’s insurance coverage can provide, and compute the benefits you will receive if you get injured in your job. If you think that what you will receive will not be enough to maintain your lifestyle, consider purchasing a personal disability insurance or a supplemental coverage. Don’t wait until you get injured on the job.

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Botox

Posted by on May 15, 2013 in Cosmetic Surgery | 0 comments

When people say it is always better to age gracefully, many people believe that it involves maintaining a youthful appearance. Not everyone is comfortable when they see the signs of aging, such as wrinkles, age spots, crow’s feet, and other common issues. For this reason, Botox has become an increasingly popular cosmetic option for many people.

Botox is just one of the many names given to the neurotoxin botulinum toxin, produced by the bacterium Clostridium botulinum. It is used in both cosmetic and non-cosmetic medical procedures. For cosmetic procedures, they are mainly applied for wrinkles, lazy eye, glabellar lines (or severe brow furrows), and other facial creases. For non-cosmetic purposes, they are used to treat chronic pain, excessive sweating (or hyperhidrosis), neuropathy, and other health problems.

The way Botox works is by relaxing the contraction of the muscles through the blocking of nerve impulses. They also work by weakening or paralyzing particular muscles. When the muscles no longer contract, they can relax and soften. Once administered, the effects can last from three to six months. For cosmetic procedures, they are very easy to administer – the neurotoxin is injected using a very fine needle to avoid any discomfort, and they only take a few minutes. To minimize bruising, patients are advised to stop taking aspirin or anti-inflammatory drugs two weeks prior to the procedure, and to not use alcohol at least a week before the treatment.

There are also documented side effects from Botox, and these include headaches, symptoms of flu, nausea, blepharoptosis (drooping of eyelids), indigestion, and the usual temporary bruising. Doctors also found that men need higher doses of Botox as compared to women. Because of the temporary results of this procedure, many people have developed a dependence and addiction to it. It is best, therefore, to have experienced medical supervision when undergoing this procedure.

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Dangers of Riding in the Rain

Posted by on May 13, 2013 in Motorcycle Accident | 1 comment

As more and more people are getting into the enjoyment of riding a motorcycle, the risks of being a rider has become more and more apparent because of the many accidents that occur. Motorcycle riding certainly has their risks and dangers, but it’s the same as driving any type of vehicle. Knowing how to prevent a motorcycle accident is the best way to protect yourself.

One the most dangerous factor that can put a rider in danger of an accident while on the road is the weather, specifically rainy weather. You can’t really avoid riding in the rain while you are on the road, but this experience does not have to be a negative one.

First thing to keep in mind when riding in the rain is the rain gear. Riders should always have it with them, just in case the weather turns sour. Wearing just jeans and t-shirt does not protect you from rainy weather – so invest in good rain gear. Find something that has water protection properties. There are rain gears that are integrated in regular armored riding gears; some shops even have jackets and suits that are waterproof and heated liners that are removable.

Find boots that can withstand long and heavy rains while keeping your feet dry. While leather boots can do the job, water can still seep through after long hours of riding in the rain. Find boots that can last at least 12 hours of rain, but also find something comfortable for you. And lastly, the problem of fogging and rain build up in the visor. For this problem there are products that you can apply on the visor of the helmet that can coat it in order to prevent it from fogging up. These products can last a whole day and are very easy to apply, plus they don’t damage the visor!

Being prepared for any type of weather is every rider’s responsibility. By having the right riding gears for the weather you can greatly increase your enjoyment while riding, as well as preventing you from being cold and uncomfortable. Being in the wrong mindset while riding the motorcycle can only put you at risk of getting into a motorcycle accident.

Here are some recommendations for protective motorcycle gear:

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